What is a durable power of attorney?

A durable power of attorney is a legal document that allows an individual to appoint a designated person, or “attorney in fact”, to act on their behalf and make decisions on their behalf in certain legal and financial matters. This power of attorney differs from a traditional power of attorney because it remains valid if the principal becomes incapacitated due to physical or mental illness, or other reasons. In California, the durable power of attorney can determine matters such as, who can make medical decisions for the principal if they become incapacitated, who can make financial decisions for the principal, who will manage the principal’s estate, and who will inherit from the principal’s estate. This document serves as a way for the principal to make decisions on how their affairs will be handled without having to rely on the court system to determine those matters for them. When creating this document, it is important to select an attorney in fact who is trustworthy and reliable, as they will be given the power to make important decisions and handle the principal’s affairs. The principal should also make sure to review the document with an attorney to make sure it meets all legal requirements. A durable power of attorney is an important document in California wills and probate law, as it can ensure that the principal’s wishes are respected and carried out when they are no longer able to do so.

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